UNDP Jobs - 13694- Consultant: Technical Advisor

Consultant: Technical Advisor – Support to Alternative to Imprisonment

Location :

Maputo, MOZAMBIQUE

Type of Contract :

Individual Contract

Starting Date :

04-Jan-2010

Application Deadline :

09-Dec-09 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

3 months

Languages Required :

English Portuguese

Expected Duration of Assignment :

3 months

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

Modern criminal justice systems have largely evolved towards solutions enabling organizations responsible for penal justice administration to use a variety of criminal sanctions that do not deprive liberty; these solutions are always growing, both in terms of options but also in effectiveness in the perspective of preventing re-incidence.? In the Southern African Region many countries have tried with great success the introduction of community services conducive to restorative justice.

In , although at least half of the prison population would be entitled to alternatives to imprisonment, two systemic phenomena limit their utilization.? First, the current Penal Code, elaborated in 1886, portraits radical views relative to the finality of the criminal sentences, with ideas of repression and expiation, easily achieved through depriving liberty and forced detainee transformation. Second, the judicial practice is facilitated, with limited criminal sanctions consecrated in the Penal Code, for not providing a wider range of sanctions not depriving liberty. The current Penal Code model, prescribing (with significant restrictions) only a fine and a suspension of prison sentence up to three years contributes to judicial inertia after condemnation.

One of the main problems faced by the prison system in is the overcrowding of the prisons. The capacity of the Mozambican prisons is of 9?195 prisoners and in practice they host around 13?325 prisoners (occupation rate of 144%). It is also widely accepted that the passage of a delinquent citizen through the formal system of sentence execution depriving of liberty may have criminogenic effects, contrary to the subjacent finalities of sentence provisions. The negative effects resulting from a sentence depriving of liberty are such that, in recent years, the philosophy is to restrict the intervention of this type of sanctions if unnecessary. The use of the sentence depriving of liberty should be limited to the most dangerous cases or of great social impact caused by the illicit conduct, when the penal mechanisms of non-deprivation of liberty would be insufficient for keeping citizens? confidence in the penal system. (Principle of penal law minimal intervention).

The Mozambican Government is currently adopting a new legislation on alternative to imprisonment. A draft legislation on alternative to imprisonment has been developed in the past few months. Still, this draft needs to be revised and approved by all stakeholders in light of international best practices and experiences. In addition, the capacity of the Mozambican National Prison Service (SNAPRI) needs to be adequately developed to allow for implementation of a mechanism for alternatives to imprisonment that is functioning and operational, with trained and sensitized staff and stakeholders. The introduction of alternatives to imprisonment in is one of the two main outputs to be delivered by the UNDP/SNAPRI project that started in 2009. The overall project is aimed at improving significantly the efficiency of the prison service in.

Duties and Responsibilities

The task of the consultant will include but will not be necessarily limited to the following activities:

Review of the relevant legislation and previous studies on alternative to imprisonment in .
Support SNAPRI in reviewing a new draft legislation on alternative to imprisonment and improve it in accordance in light of latest international experiences .
Support SNAPRI in developing the regulations for the application of the legislation in light of best international practice.
Support SNAPRI in establishing the community service management and administrative structures for a pilot phase in selected provinces and districts.
Support SNPARI in producing guidelines for identification, selection and approval of placement institutions, like schools, orphanages, health centers and local councils.
Support SNAPRI in identifying implementers.
Support SNAPRI in hosting a seminar for the approval of legislation and regulations on alternative to imprisonment.
The mission work plan will be approved jointly with SNAPRI, UNDP and the Portuguese Cooperation.

Competencies

Report on the relevant legislation and previous studies on alternative to imprisonment in
Review and improvement of draft legislation on alternative to imprisonment in accordance to the new prison policy and its implementation strategy, as well as development of regulations for the application of alternative to imprisonment.
Power Point presentation presented during the seminar on alternative to imprisonment.
Submission of end of mission report (within 30 days after the end of the mission) including all developed material, lessons learned, analysis and recommendations to accompany with success the implementation of alternative to imprisonment in Mozambique. The report should be delivered to UNDP.

Required Skills and Experience

Master degree in law, with a given advantage to the area of criminal justice.
A combination of bachelor degree with extensive relevant experience could be considered in lieu of advanced degree.
Minimum of 5 years of experience in senior post in prison institution or relevant institution of the penal justice system. Proven experience in law drafting and elaboration of by-laws.
Extensive training experience in renowned public justice institutions demonstrated analytical capacity.
Excellent communication skills, oral and written, and ability to work in a team.
Competence and experience in the area of Justice, notably in activities related to prison system and alternative to imprisonment.Extensive experience of working in these areas in developing countries.
Knowledge and capacity to introduce and mainstream UN policies on cross-cutting issues (gender, human rights, HIV/AIDS and environment) in activities and dialogue with partners involved.
Fluent in Portuguese, as an asset.